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JGM, Solicitor
Category: Law
Satisfied Customers: 15925
Experience:  30 years as a practising solicitor.
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I had to take my company to the Tribunal last year due to

Customer Question

I had to take my company to the Tribunal last year due to non payment of wages, I won my case. The problem is they have still not paid thus is despite sending in the Sheriff Officers and engaging a lawyer to chase for payment.
Assistant: Where are you? It matters because laws vary by location.
Customer: Glasgow I have been told I will have to raise a civil action in the Sheriff Court and not sure what to do.
Assistant: What steps have you taken so far?
Customer: Apart from the Sheriff Officers and the debt collection Solicitor that is all.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Don't think so just need some advice.
Submitted: 10 months ago.
Category: Law
Expert:  JGM replied 10 months ago.

Thanks for your question. I am a solicitor in Scotland. If you have an order from the Tribunal and sheriff officers were already instructed to enforce the order you should not need to go to the sheriff court. Can you tell me what amount the Tribunal awarded? Is the employer a limited liability company? Why did the sheriff officers not make a recovery? What does their report say? Was a Charge for Payment served by them?

Customer: replied 10 months ago.
The company is limited, the Sheriff Officers served notice on them and then later I tried to arrest the bank account which amounted to nothing. The Sheriff Officers report said that it wasn't really worthwhile going after them as they would say the goods belonged to a third party. This is something which they had said before although not true. The company kept saying to the solicitor that they would pay, but anything they paid bounced apart from one payment of £500.00 which the solicitor kept to cover her fees and said it she could do no more. The amount granted bt the Tribunal was over £23k with interest and expenses increased to £25.5k and now would be even more.
Expert:  JGM replied 10 months ago.

Have you looked at Companies House Beta and studied the company’s accounts?

Customer: replied 10 months ago.
no accounts have been lodged they have had 2 new directors this year the original director resigned then the second one resigned. The director is in name only he is not the owner.
Expert:  JGM replied 10 months ago.

You could threaten to lodge a liquidation petition.

Customer: replied 10 months ago.
How do I do that?
Expert:  JGM replied 10 months ago.

You would need to ask an insolvency practitioner to consent to be interim liquidator. Your solicitor would apply to the court for a winding up order. However, it would be appropriate to issue a 7 day letter threatening a winding up petition first of all. You would need to underwrite the costs which would form a first charge on any recovery in a liquidation.